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2026 Supreme(Online)(Ker) 9552

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NAVEEN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SMT.V.T.LITHA, SMT.K.R.MONISHA, SMT. NITYA R.
For the Respondents: SR.PUBLIC PROSECUTOR SRI. BREEZ.M.S

Table of Content
1. petition to challenge evidence examination. (Para 1 , 2)
2. concerns over trial delay and evidence retrieval. (Para 3)
3. court's directive for swift report on evidence examination. (Para 5 , 6 , 7)

O R D E R Dated this the 12th day of February, 2026 The petitioner, who is the sole accused in SC. No.898/2022 on the file of the Fast Track Special Court (POCSO), Kunnamkulam arising out of Crime No.3477/2020 of Town East Police Station, Thrissur, filed this petition under Section 528 of the BNSS , challenging Annexure A6 order passed by the learned Special Judge, permitting the prosecution to examine the mobile phones of the accused and his mother at State Forensic Science Laboratory.

2. According to the learned counsel for the petitioner, earlier, the same mobile phones were sent to the Regional Forensic Science Laboratory on 6.11.2020 and report dated 30.11.2024 was received stating that “the questioned mobile phones could not be power on and the same is not detected in any of the analysis hardware or software available in the laboratory and hence data could not be retrieved from the questioned mobile phones.” Thereafter, the learned Prosecutor filed Annexure-A4 app

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